Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- War (3)
- International law (2)
- Afghanistan (1)
- African-american boys (1)
- African-american men (1)
-
- American history (1)
- Black (1)
- Capital punishment (1)
- Children’s rights (1)
- Compliance (1)
- Conceptualization (1)
- Constitutional law (1)
- Convention on the Prevention and Punishment of the Crime of Genocide 1948 (1)
- Crime (1)
- Criminal justice (1)
- Criminal law (1)
- Death penalty (1)
- Definition (1)
- Discourse (1)
- Federalism (1)
- Genocide (1)
- Genocide Convention of 1948 (1)
- Govern (1)
- History (1)
- Human rights (1)
- Juvenile death penalty (1)
- Legal concept (1)
- Linguistics (1)
- Martin Shaw (1)
- Meaning (1)
Articles 1 - 4 of 4
Full-Text Articles in International Law
Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi
Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi
Faculty Publications
U.S.engagement in Afghanistan is inevitable, but there will be choices about strategy. In 1952, the U.S.Naval War College convened a lecture series devoted to strategy. On March 20, the lecturer was Harold D.Lasswell, an architect of the New Haven School of Jurisprudence. Lasswell observed, “The aim of strategy is to maximize the realization of the goal values of the body politic.” This article proposes that law is among the available strategic instruments to advance goal values common to the United States, Afghanistan,and the world community.
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Faculty Publications
This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
Faculty Publications
Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …